What is a Ne Exeat bond?
A Ne Exeat bond comes into play when two parents are divorced and one is concerned about the other upholding their legal obligations. Specifically, the courts may require this bond if one parent plans on traveling internationally with their kids – outside U.S. jurisdiction where the child custody agreement may not apply.
A Ne Exeat bond is a type of court bond that ensures the traveling parent abides by the terms of their custody agreement and divorce settlement. They must return the children after traveling as agreed – or pay the total amount of the bond.
Ne Exeat Definition
Ne Exeat is a Latin term meaning “no leaving” or “that he not depart.” It’s a formal written order (“writ”) issued by the court used commonly in family law to prevent a parent from taking their child out of local jurisdiction. By posting this bond, the parent may legally leave the jurisdiction if they follow the bond’s terms.
Get Your Ne Exeat Bond:
- A Ne Exeat bond comes into play when two parents are divorced and one is concerned about the other upholding their legal obligations.
- It ensures that a parent planning to travel internationally abides by the terms of their custody agreement and divorce settlement.
- Ne Exeat is a Latin term meaning “no leaving” or “that he not depart.”
- Your family law case judge will let you know if you need to purchase this bond.
- You may need to put up 100% collateral in cash or property equal to the bond’s value.
Who needs a Ne Exeat bond, and why?
Your family law case judge will let you know if you need a Ne Exeat bond. Typically, this bond won’t be necessary if two parents have a trusting relationship. It comes into play when one parent is suspicious of the other and believes they may abduct their child.
How do these types of bonds work?
A Ne Exeat bond is a three-party agreement involving a surety, a principal, and an obligee.
- Principal: The parent planning on leaving the country who must purchase the bond and agree to its terms
- Obligee: The parent remaining in the country who is worried about the other parent taking their kids outside the U.S. and never returning
- Surety: The company that issues the bond and backs it financially
If the principal breaks the bond agreement by failing to return their children after an international trip, the obligee may file a claim against the Ne Exeat bond. The surety will investigate to ensure the claim’s legitimacy. If the claim is valid, the surety will settle it immediately if the principal can’t. Then the principal will be held liable for repaying the surety over time for the settlement plus interest and fees.
Child Custody Bonds vs. Ne Exeat Bonds
Ne Exeat bonds differ from child custody bonds. Rather than the obligee being a parent, like in the Ne Exeat bond agreement, the court is listed as the obligee on a child custody bond. A child custody bond may be necessary if one parent or the court is concerned about the other parent conforming to a child custody decree or visitation terms.
A Ne Exeat bond protects one of the parents after a divorce is finalized, while a child custody bond protects the children as their parents undergo divorce proceedings.
Frequently Asked Questions
You will pay a small percentage of the bond amount the courts require. The bond amount should cover the legal damages you could suffer if your ex-spouse takes your children to another country, breaking the terms of the divorce or child custody agreement.
You may also need to put up 100% collateral in cash or property equal to the bond’s value. You will only forfeit the collateral if a valid claim is filed against your bond.
To get approved for this bond, you may need the following items:
- A completed bond application
- Writ of Ne Exeat (from the court)
- The court order that requires the bond
- Financial statements (if needed)
- Confirmation of travel duration
- Proof of your international address
- A completed collateral agreement (100% collateral may be required in the form of a wire transfer of funds, a letter of credit, or real estate)
Apply for a Ne Exeat Bond Today
Once you complete our simple bond application and are approved, you can pay for and print your bond! If you have any questions or want us to walk you through the application process, call 888-435-4191.
Founders Ryan Swalve and Zach Mefferd formed the vision for ZipBonds.com when they realized how overly complicated it was to help clients place surety. The frustration of being unable to incorporate the technology they’d used in other insurance-focused projects left them thinking “there has to be a better way.”
Fast forward a couple of years, and that better way is the impetus of everything we do at ZipBonds. We constantly look for innovative ways to improve the bonding process for our clients and agents. Our team comprises individuals who understand all angles of surety – for companies, agencies, and individuals. Incorporating everyone’s point of view to improve the process while simultaneously integrating cutting-edge technology is what sets our business apart.